The 11th Circuit affirmed that relators under the False Claims Act are not “officers of the United States” subject to the Appointments Clause, overturning a 2024 Florida district court decision. The panel aligned with the 5th, 6th, 9th and 10th Circuits in rejecting similar challenges, but limited its decision to that narrow ground and sent two other constitutional theories—under the Take Care and Vesting Clauses—back to the district court for further review.
For compliance and legal teams, the ruling underscores the continued robustness of qui tam actions, as the DOJ recovered a record $6.8 billion through the FCA in FY 2025, with healthcare accounting for over $5.7 billion. Relators filed 1,297 qui tam complaints, indicating that the pace of whistleblower litigation remains strong despite the ongoing constitutional debate.
Source: Corporate Compliance Insights